Lost your car in a department store car park - who is going to take responsibility?

[webfact]

Lost your car in a department store car park - who is going to take responsibility? Thai netizens debate


Image: Daily News

BANGKOK: -- Following considerable debate online on the Panthip site about cars being stolen from department store car parks a prominent lawyer has pointed out the law.

Online lawyer Kertphon Kaewkert has warned people who park their cars in department stores then take buses and trains from there to work that they may not be covered in the event of theft of their vehicles, reported Daily News.

And it might simply depend on whether they have got a receipt for goods purchased in the store.

Kertphon said that in department stores a car owner would need a receipt to receive cover for theft. He said that there had been a test case many years ago when a car had gone missing from a store.

The store blamed the security guards and said it was not their responsibility.

However, the court decided that the security guard or guards were hired by the store and that the store had given out a card indicating they would look after the vehicle. So they found for the motorist and the department store had to pay up.

Following this ruling some department stores had an idea that if they did not give out cards to motorists parking in their lots they would not be liable for theft. So they introduced video instead of issuing cards.

Central group were one prominent organization that switched to videoing incoming cars in most of their stores instead of issuing cards.

In 2015, however, when a car went missing from a store in Suphanburi when a card was not issued the court still ruled on the side of the motorist in the case.

The court ruled that the store had a duty of care to the customer and the issue of a card or video was in fact irrelevant. The fact that they had previously issued cards also weighed against them in the eyes of the court.

But in these cases it was clear that the people who had their vehicles stolen had been shoppers. So the question has arisen - what if the parker had not got a receipt? What if theyhad just parked at the store and gone to work on the skytrain or a bus?

Kertphon told daily News online that if the motorist had not bought anything they would not be covered.

He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. This would be needed when the case came to court.

All reports must be made within one year or they would run out.

He further clarified the law relating to parking in hotels and resorts. He said that the car owner would only be covered if the patron had evidence that they had stayed overnight. There would be no cover if the hotel or resort had been used for parking for someone just leaving their car and going to work.

He advised motorists always to seek receipts and evidence such as photos. Taking pictures might be vital in cases where cars disappeared after valet services were used, he added.

Source: Daily News

-- 2016-07-27

[leeneeds]

INSURANCE number 1

When i lived in an area of high theft in the U S A

i would have a small chain visible

around steering wheel and brake pedal

This would put off potential borrowers

due to the time taken to cut the chain, or steering wheel,

and most do not carry hacksaws or bolt

cutters with them,

I never had a problem

[ChrisY1]

To leave the vehicle keys with a valet in a department store carpark, is plain stupid.

Very often, the blue book is also with the vehicle along with service book etc......stealing and then selling is then so easy!

Edited July 27, 2016 by ChrisY1

[Thian]

If the camerasystem in a mall sees the same car every day again they can just ban it i think? Parkinglots are only for customers.

[taotoo]

"He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. "

A lawyer advocating fraud??

[simon43]

Do as Mr Bean does - always remove your steering wheel after parking your car - perfect anti-theft system

[Deepinthailand]

Cheap skates looking for free parking

[Rob13]

The store blamed the security guards and said it was not their responsibility.

In that case, they don't have to make refunds or exchanges for faulty goods. The sales lady sold the stuff so it's not the stores responsibility. Teenage logic.

Edited July 27, 2016 by Rob13

[Dagnabbit]

To leave the vehicle keys with a valet in a department store carpark, is plain stupid.

Very often, the blue book is also with the vehicle along with service book etc......stealing and then selling is then so easy!

Not leaving the keys with the valet is equally stupid as he won't be able to park your car.

I use valet services here all the time. Never once had an issue. Never once heard of anyone having an issue.

My top 3 are:

- Emporium

- Landmark Hotel

- Seen Space (Thong Lo 13)

Been doing this for years. By the look of things so have most of the rich locals 'cause there's plenty of Porsche, Benz & Beemers parked by the staff in these places.

[ChrisY1]

To leave the vehicle keys with a valet in a department store carpark, is plain stupid.

Very often, the blue book is also with the vehicle along with service book etc......stealing and then selling is then so easy!

Not leaving the keys with the valet is equally stupid as he won't be able to park your car.

I use valet services here all the time. Never once had an issue. Never once heard of anyone having an issue.

My top 3 are:

- Emporium

- Landmark Hotel

- Seen Space (Thong Lo 13)

Been doing this for years. By the look of things so have most of the rich locals 'cause there's plenty of Porsche, Benz & Beemers parked by the staff in these places.

Good point......I still think it's tempting for the bad guys......maybe the places you mention have security....certainly the first 2 you mention.

[gdgbb]

"He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. "

A lawyer advocating fraud??

What is the fraud? The car was stolen and the owner did buy something from the shop. It wouldn't matter what time the purchase was made unless you're advocating that a claim for theft could only be made if the theft occurred after the time that the purchase was made.

[smedly]

so this guy is saying that if you go into a shopping center and fail to buy something you will not be insured - what a complete pile of nonsense, if people are abusing store carparks then there is a very simple solution - cheap parking for up to 3 hours then make it extremely expensive after that.....problem solved

[Morakot]

I use valet services here all the time.

Nowadays, my own valet even uses valet parking...

Edited July 27, 2016 by Morakot

[nausea]

My wife lost her pride and joy pickup in a mall multi-storey car park, after about an hour or more of fuss and bother and tears and harrassing security guards, she found it ... on a different floor.

[MaxLee]

Do as Mr Bean does - always remove your steering wheel after parking your car - perfect anti-theft system

That's a good point, are you actually doing it, Lol....

[nakhonandy]

As another pointed out, the stores can easily protect themselves. free parking for a limited period then heavy rates after, it will soon get rid of the abusers of the system.

A lot of places in Europe simply have a large sign stating that the car and valuables in it are your responsibility, not sure of the legality of this mind.

[Happy Grumpy]

Cheap skates looking for free parking

Or any parking. It's hardly in abundance in Bangkok.

If going into the city I drive to Big C Saphan Kwai, park, walk outside to the BTS station, and BTS into the city. Saves time, hassle and stress.

[MadDog2020]

"He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. "

A lawyer advocating fraud??

Not fraud, just logic.

[sahibji]

steering wheel locks are inexpensive and readily available.

it would make a lot of sense to have a layer of security by locking the steering

wheel whenever the car is parked.

most public parking facilities carry the sign that the owners are parking

at their own risk.

[WhizBang]

"He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. "

A lawyer advocating fraud??

Amazing Thailand.

[taotoo]

"He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. "

A lawyer advocating fraud??

What is the fraud? The car was stolen and the owner did buy something from the shop. It wouldn't matter what time the purchase was made unless you're advocating that a claim for theft could only be made if the theft occurred after the time that the purchase was made.

Are you serious?

[taotoo]

"He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. "

A lawyer advocating fraud??

Not fraud, just logic.

The two aren't mutually exclusive.

[ozterix]

To leave the vehicle keys with a valet in a department store carpark, is plain stupid.

Very often, the blue book is also with the vehicle along with service book etc......stealing and then selling is then so easy!

no you got it wrong,

leaving the keys with the valet is required... leaving the blue book in the vehicle is plain stupid... you keep it at home and only carry a copy. Been using valet for about 14 years here, never had a single problem...

b

[Peterphuket]

"He said that if smeone came back to find their vehicle stolen they should quickly go into the store and buy something and keep the receipt before reporting the car as stolen to the store then the police. "

A lawyer advocating fraud??

Oh?, I supposed you trust a average lawyer?

Anyway, I didn't steel my car, but like to get insured value back.

It's not so difficult.

[jhonnie]

does anyone have any statistics on how many cars go missing from department store car parks

[ozyjon]